North Carolina Zurn Pex Class Action
Call Us For Information About This Ongoing Class Action
Breaking News
We are pleased to announce that a federal court judge has certified a class action against Zurn Pex, Inc., (“Zurn”) for claims related to “pex” plumbing systems that fail and leak prematurely. The class certification allows all owners of Zurn pex plumbing systems in Minnesota to bring their claims in a single class action lawsuit. It is estimated that as many as 50,000 properties in Minnesota have Zurn pex systems.
Pex systems are plastic pipe plumbing systems made from cross-linked polyethylene. The pipe is joined together by fittings that are clamped in place. Zurn’s pex fittings can be identified by a “Q PEX” stamp on their side.
The class action alleges that Zurn used brass fittings that were susceptible to failure from processes called stress corrosion cracking and dezincification. The suit claims that Zurn used foreign manufacturers to supply fittings made from brass that was destined to crack and leak when used in this type of plumbing system.
Problems with Zurn's brass fittings can cause significant damage. Water damage from a total failure, or even a slow leak, can cause serious damage. Many of the brass fittings in a typical residential pex system are behind drywall or between floors. If undetected, water damage caused by a leaking fitting can be substantial.
This was the first class certification sought in the coordinated litigation of lawsuits brought against Zurn in Minnesota, North Carolina Michigan, Colorado, Montana, North Dakota, New Mexico, Alabama, Louisiana and Virginia. More lawsuits in other states are expected and class certification will be sought for property owners in states other than Minnesota.
Zurn sold its pex systems across the country. Through information obtained in the lawsuits, we estimate that Zurn has received thousands of warranty claims for leaking or cracked fittings. Because of these failures, Zurn stopped selling the brass fittings in certain areas. Zurn has now discontinued its line of brass pex fittings.
While Zurn initially honored its warranty and covered the damage caused by the leaks, the company stopped paying claims, leaving homeowners and plumbers to pay for the damage themselves. The lawsuits ask that Zurn pay for the replacement of all brass fittings or pex systems -- regardless of whether fittings have already failed -- as a way to prevent damage caused by future leaks and failures. They also seek reimbursement for plumbers and others who have paid for repairs or damage.
Our lawyers recommend that plumbers who have had problems with Zurn systems and owners of properties with Zurn pex systems contact us to discuss their rights. Simply put, it is important that consumers are aware of these lawsuits. If consumers provide their contact information, we can keep them informed about the status of the litigation. Also, if the lawsuits are successful, contact information can help us notify consumers how to obtain their share.
More information about the lawsuits may be obtained at www.zurnclassaction.com
Identifying Zurn fittings: Look for: Q PEX stamp in the side of the brass fitting.
Over the last six years, Zurn has reportedly sold 139 million brass PEX plumbing fittings. "PEX" is a generic term for cross linked polyethylene -- the material used to make the plastic piping. Compared to copper piping, PEX is both easier to install and less expensive. The PEX tubing is fastened together using brass fittings and a copper crimping ring. Zurn guaranteed that the brass fittings would last 25 years. However, homeowners in North Carolina and throughout the United States have suffered property damage because of leaks, cracks and even total failure of the brass fittings. Because of these premature failures, Zurn processed a number of warranty claims. We believe that Zurn now has a policy of rejecting any warranty claims based on what it calls "aggressive water." Additionally, Zurn has switched from brass fittings to a plastic fitting.
Upon review of Zurn's own internal documents, Zurn knew that its brass fixtures were a "ticking time bomb." We believe that instead of accepting responsibility, Zurn rejected warranty claims, failed to warn its customers, and encouraged homeowners and plumbing contractors to report the failures to the homeowner's insurance carrier rather than to pay for their own mistakes.
Our attorneys represent clients who have failed Zurn PEX systems in their house. On behalf of those clients and similarly situated North Carolina residents, we have filed a state-wide class action in federal court in the Eastern District of North Carolina. We do not believe that the failures are caused by "aggressive water" but, instead, lie in design defects which manifest themselves when the brass fittings are applied in a real world setting.
Homeowners may have a difficult time discerning if they have Zurn fittings installed in their homes. The plastic tubing (which is not the subject of this litigation) is typically white, red or blue. The brass fittings themselves may be stamped with "QPEX." The PEX piping is fastened to the brass fittings using a band of copper. Failures may be as notable as shearing or breaking but may also be limited to small leaks. Often, the failed fitting will have oxide deposits coating the brass.
Any owner or association who contemplates litigation to recover damages related to the Zurn PEX brass fittings should be aware of strict time limitations imposed by North Carolina laws as well as those in other states. You should consult with an attorney to determine how the time limitations may affect your claim. Our lawyers can answer these questions for you.
If you are interested in an evaluation of your potential claim against Zurn, please call Lea, Rhine & Rosbrugh, P.L.L.C. at 910-772-9960 or toll free at 1-866-772-9960 or submit an online questionnaire. We will return the phone call or respond to your inquiry right away.
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